Foxwoods Casino Sextortion Lawyer
Depending on the circumstances, “revenge porn” or “sextortion” can be considered either a misdemeanor or felony. Moreover, being accused of such a charge on tribal land will not prevent state law enforcement authorities from pursuing a criminal case against you.
Because each case of sextortion is unique, knowing how to proceed correctly can be difficult without the guidance of a Foxwoods Casino sextortion lawyer. Contacting a skilled defense attorney should be your first priority if you have been accused of blackmailing another party with sexually explicit depictions of themselves.
What Qualifies as Misdemeanor “Sextortion”?
In most situations, “sextortion” is prosecuted as either the “unlawful dissemination of an intimate image” or as a larceny committed through extortion. According to Connecticut General Statutes (C.G.S.) §53a-189c, the former offense involves intentionally distributing a photo, video, or other recorded image of someone engaged in sexual intercourse or exposing any intimate part of their body.
For this action to be unlawful, it must fulfill these three requirements:
- The defendant must have disseminated the image(s) without the depicted party’s consent;
- The defendant must have distributed the imagery while knowing that that the depicted party had a reasonable expectation the image(s) would remain private; and
- The image(s) must have been shared in a way that could directly cause harm to the depicted party.
It is also important to note that the depicted person must be identifiable and must not be engaged in voluntary exposure or sexual intercourse in a public place. Additionally, the dissemination of the image must be of no benefit to the public interest.
This form of “revenge porn” is a Class A misdemeanor, meaning a conviction would be punishable by maximum sanctions of one year of jail time and a $2,000 fine. Under subsection (d) of the statute mentioned above, neither Foxwoods Casino nor any telecommunications or computer service affiliated with the casino may be held liable for sextortion committed on casino property. If someone faces charges of sextortion for their unlawful behavior at Foxwoods Casino, a local attorney can advise them of their legal options.
Could Sextortion Be Considered a Felony?
Anyone who disseminates a sexually explicit depiction of another person created without their consent or acknowledgment may face Class D felony charges under C.G.S. §53a-189b. Furthermore, anyone who uses the threat of disseminating such material to coerce money or anything else out of value from another person has committed larceny by extortion, which C.G.S. §53a-122(a)(1) defines as a Class B felony under all circumstances.
Anyone who attempts to delete incriminating emails or texts before an investigation can occur may face charges of “Tampering with or Fabricating Physical Evidence” under C.G.S. §53a-155. Even without an accompanying conviction for sextortion, this offense would allow for penalties commensurate with a Class D felony upon conviction. An attorney serving Foxwoods Casino can help someone understand what could exacerbate the severity of a sextortion charge.
A Seasoned Foxwoods Casino Sextortion Attorney Can Help
Even though the term “sextortion” may not appear verbatim in the Connecticut Penal Code, that does not mean these charges are taken lightly. Attempting to extort or harm someone else by disseminating intimate depictions of them is highly illegal in Connecticut, and anyone accused of these actions may face felony-level consequences.
If you have been accused of sextortion, enlisting the help of a dedicated Foxwoods Casino sextortion lawyer may prove vital in securing a favorable outcome for your case. Click here to read our over 300 certified client reviews on Avvo.com, and call Mark Sherman Law today to discuss your unique situation with a seasoned attorney.